Recently, the National Development and Reform Commission, the People's Bank of China, Ministry of Transport and other 36 departments jointly signed the "on the serious breach of law overcrowding overloaded transport vehicles related to the implementation of the joint responsibility of the joint memorandum of cooperation memorandum", put forward three aspects 26 The specific disciplinary measures by the 36 departments in accordance with relevant laws and regulations jointly implemented.

 

Why should we choose to write in the field of overrun overloading unlawful joint disciplinary memorandum? What are the measures and means of joint disciplinary action? How to determine the dishonest "blacklist"?

 

1 why the road overrun overloading the introduction of dishonesty joint disciplinary memorandum?

 

      In August last year, the Ministry of Transport and the Ministry of Industry and Information Technology, the Ministry of Public Security, the State Administration for Industry and Commerce and the General Administration of Quality Supervision, Inspection and Quarantine jointly issued the "Opinions on Further Improving the Illegal Modification and Overloading of Trucks" ("Opinions"), Governance super special action, and achieved initial results. Subject to the existing laws and regulations, the illegal overloading often take administrative punishment mainly management means, the cost of dishonesty is too low, deterrent is limited. To further do a good job over the work, should increase the credit means to strengthen the excessive overloading of transport disciplinary, improve the cost of serious breach of law.

 

      The main reasons are three aspects: First, this is in line with the State Council "guidance" on the object of unreasonable disciplinary object of the clear requirements. Serious overloading and transport behavior, both seriously endangering the people's lives and property safety, serious damage to the national road network, road and bridge and other public infrastructure, but also seriously undermine the transport market fair competition order, should be jointly disciplined. Second, there is a disagreement with the disciplinary cross-sectoral cross-sectoral "collaborative linkage" of the salient features. For the management of overrun overload transport, involving the reform and development, transportation, public security, quality inspection, industrial letter, industry and commerce, security and other departments to carry out joint disciplinary, is conducive to mobilize all localities and departments to form a strong deterrent Self-conscious and trustworthy mechanism. Third, this is also the implementation of the current joint governance over an important work. The signing of this memorandum is an important step in the implementation of the five departments to jointly control the "opinions", which can effectively use the credit mechanism to strengthen the disciplinary action on the main body of serious overloading and overloading, and further enhance the overall effect of governance.

 

2 What are the 26 disciplines of disciplinary action?

 

First, the trust of the parties to the market access, administrative licensing restrictions or prohibition. Including: strict road transport market access in accordance with the law, restrict the prudence of enterprises to operate reference, according to the law to obtain a production license, according to the law to participate in government procurement activities to restrict access to government supply of land, according to the law to participate in projects such as bidding to limit the safety production license, For the approval of the new project prudential reference 8 disciplinary measures.

 

Second, the parties to the de facto to strengthen the daily supervision, limiting financing and consumption. Including: to strengthen the production and modification of truck production supervision, to strengthen the supervision of key source units, in the important sections and nodes to strengthen supervision, for the driver's license when the renewal of reference, to strengthen safety supervision, for the insurance rate determined when the prudential reference for financial institutions Financing credit when the prudent reference, strict review of corporate bond issuance, limiting part of the high consumer behavior, to the public and other 10 disciplinary measures.

 

Third, limit the parties to the loss of concessions to enjoy the preferential policies, awards and related positions. Including: according to the law according to the restrictions on access to government subsidies and social security funds to support the restrictions on the parties to enjoy the preferential policy of the prudent policy of reference, for tax credit management prudential reference to limit the parties to become a certified enterprises, prohibit the participation of civilized units Or moral model, limited to the relevant positions in the institutions, limited to the production and operation of the relevant units of the eight disciplinary measures.

 

3 How do these measures come to the ground?

 

       At present, in the National Development and Reform Commission, the People's Bank of China to vigorously promote the development of the introduction of the memorandum have chosen to jointly as much as possible departments to carry out disciplinary work, one of the main purpose is to expand the joint disciplinary influence and scope, the formation of disciplinary The The "Memorandum" has been selected, including the National Development and Reform Commission, the People's Bank, the Supreme People's Republic of China, the Ministry of Industry, the Ministry of Public Security, the State Administration of Industry and other 36 member units signed, is to use multi-sectoral disciplinary and social influence, the implementation of industry Disciplinary measures and universal disciplinary measures. Among them, the industry measures mainly by the Ministry of Transport, Ministry of Public Security, Ministry of Industry, Ministry of Industry and the Ministry of Quality Supervision and other departments to implement, from the transport links, in the truck production modification, the source unit supervision, road transport market access, key road supervision, And other disciplines and disciplines; universal measures through multi-sectoral joint collaboration, in accordance with the duties of the main responsibility for the failure of the main travel, financing, insurance, public exposure, restrictions and other aspects of discipline and discipline. This multi-sectoral joint disciplinary model, will greatly improve the road overrun overload the cost of dishonesty, for the highway governance super work to provide strong support.

4 how to determine the dishonest "blacklist"?

 

       "Memorandum" of the joint disciplinary object, the Ministry of Transport in accordance with the "General Office of the Ministry of Transport on the definition of serious violations of law and overrun overload and related responsibilities of the main issues related to the notice" to determine the relevant responsibility of the main body. The document clearly states that the parties to the 10 cases will be included in the list of serious offenses overruns overloaded parties:

1 freight vehicles within 1 year of illegal overtaking transport more than 3 times;

2 freight vehicle drivers within 1 year of illegal transport more than 3 times;

3 road transport enterprises within one year of illegal transport of goods more than the unit freight vehicles 10% of the total, by the road transport management agencies ordered to suspend business for rectification;

4 motor vehicle maintenance operators unauthorized modification of motor vehicles, the circumstances are serious, was revoked business license;

5 to force the vehicle driver to overtake the goods, the road transport management agencies punishable by more than 20,000 yuan fine, or 1 year was given more than 3 administrative penalties;

6 to conceal the relevant circumstances or to provide false materials to apply for overtaking transport administrative license, or fraud, bribery and other improper means to obtain administrative license;

7 overloaded transport vehicles, drivers, the source units, large transport companies have no reason to refuse the relevant departments to supervise and inspect or provide false information;

8 due to traffic congestion, forced red card, violent resistance to law, destruction of related facilities and equipment, the public security organs shall be given administrative penalties;

9 overloaded overload caused by a major liability accident and bear the same responsibility above;

10 Violence against the law causes death or injury.

 

 

 

5 when to start?

 

      After the joint efforts of 36 departments, the memorandum today officially released, the joint disciplinary measures from the date of issuance of the memorandum from the date of entry into force, multi-sectoral joint illegal breach of law overloaded transport behavior and the implementation of joint responsibility for the joint disciplinary Super work to provide strong protection, protection of road safety facilities.

 

      As the memorandum has just released implementation, is currently deployed around the summary of relevant information, the first list has not yet introduced. The next step will be to further improve the information collection and reporting system, in accordance with the "on the definition of serious violations of illegal overrun overloading and related responsibilities of the main issues related to notice" in the ten cases of serious disrespect, timely summary of relevant information, quarterly The national credit information sharing platform to the signing of the memorandum of the relevant departments to provide information about the parties to the dishonest, and in accordance with the relevant provisions of the dynamic update, according to the Ministry of Transport in the government website, "credit" website, "credit China" website and the national enterprise credit information publicity system And so on to the public.